STATE, EX REL. BOARD OF COUNTY COMMRS. v. GUCKENBERGER

No. 34563.

165 Ohio St. 12 (1956)

THE STATE, EX REL. BOARD OF COUNTY COMMRS. OF HAMILTON COUNTY, v. GUCKENBERGER, AUD.

Supreme Court of Ohio.

Decided March 7, 1956.


Attorney(s) appearing for the Case

Mr. C. Watson Hover, prosecuting attorney, Mr. William J. Schmid and Mr. Carl B. Rubin, for relator.

Mr. Kyle F. Brooks, for respondent.


Per Curiam.

The issue presented is, what is the effect of the error in the notice of election and the incorrect ballots submitted to the absent voters?

Relator contends that the purpose of the statutory requirement as to publication of notice (Section 133.11, Revised Code) is to inform the electors that an election is to be held, and that there has been a substantial compliance therewith.

Section 133.09, Revised Code, requires that "the auditor...

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